Description

185.03 Magnuson-Moss Act--Burden of Proof--Breach of Written Warranty In order for Plaintiff to recover for a breach of written warranty claim against Defendant, Plaintiff has the burden of proving each of the following propositions: First, the existence of a defect in the [vehicle] [product] covered by the warranty; Second, compliance with the terms of the warranty by Plaintiff; Third, that the Plaintiff afforded defendant a reasonable opportunity to repair the defect; and Fourth, that Defendant, through its authorized dealer [did not repair] [was unable to repair] the [vehicle] [product] after being given a reasonable number of attempts or a reasonable amount of time; or did not offer to refund or replace within a reasonable amount of time. Fifth, that Plaintiff sustained damages as a result of Defendant's failure to take action required by the warranty to correct the defect or malfunction or otherwise to correct the problem. If you find from your consideration of all the evidence that each of these propositions has been proven, then your verdict should be for the Plaintiff. On the other hand, if you find from your consideration of all the evidence that any of these propositions has not been proven, then your verdict should be for the Defendant.